TERMS OF USE

Last revised May, 2014.

These terms and conditions of use (“Terms of Use”) govern your use of the Harley-Davidson Financial Services, Inc. (“HDFS”) online credit application website (the “Site”) and are in addition to the notices and disclosures provided prior to or at the time of credit application submission. Please also consult our Privacy Notice for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. Compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site.

Ownership Of The Site and Content

All pages within this Site and any material made available for download, unless otherwise noted, are the property of HDFS or any of its subsidiaries or affiliates. © 2014 H-D. All Rights Reserved. The Site is protected by United States and international copyright and trademark laws. The Content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by HDFS in writing, including for the provision of services or products to HDFS or any of its subsidiaries or affiliates, or in connection with a business relationship with HDFS or any of its subsidiaries or affiliates. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of HDFS or its subsidiaries or affiliates without our express written consent. You agree to cooperate with HDFS in causing any unauthorized framing or hyper-linking to cease immediately.  You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark, service mark or other proprietary notice. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of HDFS or any of its subsidiaries, affiliates or any third party, except as expressly provided herein.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email. Violations of system or network security may result in civil or criminal liability. HDFS will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from HDFS on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).

Access to this Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Site constitutes consent to such monitoring. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. HDFS cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Access to Site; Indemnification

Certain limited access portions of the Site require an ID and other personal information to access (“Protected Areas”). You agree to access Protected Areas using only your ID as provided to you by HDFS. You agree to protect the confidentiality of your ID, and not to share or disclose your ID and personal information to any third party. Your access to the Site may be revoked by HDFS at any time with or without cause. You agree to defend, indemnify and hold harmless HDFS, its subsidiaries and affiliates, and their respective officers, representatives, directors, employees, consultants, licensors, content providers, service providers and agents from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys fees) arising from or related to your use of any Content downloaded or otherwise obtained from the Site, and your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of HDFS or any other person or entity.

Links to Other Sites

THIS SITE MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEB SITES OF HARLEY-DAVIDSON, INC. DEALERS.  HARLEY-DAVIDSON, INC. DEALERS ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF HARLEY-DAVIDSON, INC. HDFS DOES NOT HAVE RESPONSIBILITY FOR THE CONTENT, AVAILABILITY, OPERATION OR PERFORMANCE OF WEB SITES OF HARLEY-DAVIDSON, INC. DEALERS, OR ANY OTHER SITES, TO WHICH THIS SITE MAY BE LINKED OR FROM WHICH THIS SITE MAY BE ACCESSED. WHEN YOU ACCESS A NON-HARLEY-DAVIDSON SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM HDFS, AND THAT HDFS HAS NO CONTROL OVER THE CONTENT ON THAT WEB SITE. IN ADDITION, A LINK TO A NON-HARLEY-DAVIDSON WEB SITE DOES NOT MEAN THAT HDFS ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF THE LINKED SITE. IT IS UP TO YOU TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE OR DOWNLOAD IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, AND OTHER ITEMS OF A CONTAMINATING OR DESTRUCTIVE NATURE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, YOU DO THIS ENTIRELY AT YOUR OWN RISK.

Third Party Copyrights and Trademarks

The Site may include references to third-party trademarks, service marks, logos and copies of third-party copyrighted materials, which are the property of their respective owners. Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, service mark, logo, manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by HDFS.

Accuracy and Integrity of Information; Colors

Although HDFS attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform HDFS so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, HDFS and its affiliates shall have no responsibility or liability for information or Content posted to the Site from any non-HDFS affiliated third party. We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, screen or access device, we cannot guarantee that your monitor's, screen’s or access device’s display of any color will be accurate. This Site may be accessed by users internationally and may contain references or cross references to Harley-Davidson Motor Company and HDFS products, programs and services that are not available or are prohibited in your country. Such references do not imply that Harley-Davidson Motor Company or HDFS intends to make available in your country such products, programs or services or that such products may lawfully be used in your country. The vehicles, parts and accessories and other items pictured on this Site and those built to the specifications listed herein are for sale in the U.S. only and the application for credit is available only to individuals residing in the U.S. who meet the creditor’s basic underwriting criteria.

VEHICLE AND ACCESSORY SPECIFICATIONS MAY VARY FROM COUNTRY TO COUNTRY DEPENDING ON LOCAL LAWS, AND SOME MODELS AND ACCESSORIES ARE NOT AVAILABLE IN CERTAIN COUNTRIES. PLEASE NOTE THAT MANY COUNTRIES PROHIBIT THE IMPORTATION, REGISTRATION AND/OR USE OF VEHICLES AND ACCESSORIES NOT BUILT TO THEIR COUNTRY’S SPECIFICATIONS. YOU MUST CHECK WITH YOUR LOCAL AUTHORIZED HARLEY-DAVIDSON DEALER FOR DETAILS ON THE APPLICATION OF ANY PARTS, ACCESSORIES OR MODELS LISTED OR DISPLAYED IN THIS WEB SITE.

Disclaimer of Warranties

HDFS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THIS SITE AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED HEREIN.

HDFS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. HDFS SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. HDFS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED SITES. HDFS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT HDFS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.

Limitation of Liability Regarding Use of Site

HDFS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Revisions; General

HDFS reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. These Terms of Use will be governed and interpreted pursuant to the laws of Nevada, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Nevadain connection with any dispute between you and HDFS arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Carson City, Nevada.  In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. Unless otherwise noted, these Terms of Use and the Privacy Notice constitute the entire agreement between HDFS and you pertaining to the use of the Site.  The notices and disclosures, including eSign disclosures, presented at the time of credit application submission are in addition to the Terms of Use for the Site. In its sole discretion, HDFS may from time-to-time revise these Terms of Use, and Privacy Notice by updating this posting. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes.  You should, therefore, periodically visit this page to review the current Terms of Use and Privacy Notice, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use and the Privacy Notice may be superseded by expressly designated legal notices or terms located on particular pages within this Site.